(a) Availability of review: - (i) An individual has the right to inspect all criminal history record information located within this state which refers to him.
- (ii) When an application for inspection of criminal history record information is received by a criminal justice agency the agency shall submit the request to the Division. If a record is maintained, upon verification of the record subject's identity, the Division shall inform the applicant of the existence of the record and inform him of the procedure for examining the record. Following the guidelines set forth below, the applicant or his authorized representative shall be allowed to examine the record pertaining to him and to receive a true copy.
(b) Procedure for inspection and challenge. - (i) Upon the request by any individual, and the submission of fees in Chapter VII of these rules and the required fingerprint card, the division shall inform him whether a record pertaining to him is maintained. If a record is so maintained, the Division shall inform the record subject of the process for examining the record, including the hours for inspection, the right of challenging information and any requirements for inspection and challenge.
- (ii) Any individual, upon satisfactory verification of his identity by fingerprint comparison and upon payment of required processing forms and fees, may review criminal history record information maintained about him by the Division.
- (iii) If after reviewing his identification record the subject thereof believes that it is incorrect or incomplete in any respect and wishes changes, he shall identify, in writing, those portions of his record he believes are incorrect or incomplete. He shall submit his objections and documentation supporting those objections to the division. The Division shall attempt to verify the accuracy and completeness of the record. If satisfied that the record is inaccurate or incomplete the division shall appropriately modify the record and notify the record subject as well as any person or organization receiving the identification record within the preceding twelve months. If satisfied with the accuracy and completeness of the record, the division shall so notify the record subject.
- (iv) If the subject is unsatisfied with the Division's actions, he shall make notification to the appropriate court and apply for an order to purge, modify, or supplement inaccurate or incomplete information.
(c) The Division will schedule the following times for the purpose of review, challenge and fingerprinting. Those times are 8:30 AM - 10:30 AM and 1:30 PM - 3:30 PM, Monday through Friday (except State Holidays).